Fight Back

In a groundbreaking reclamation of states’ rights for progressives, two dozen leading legal experts outline the levers states have at their disposal to push back on a federal government run amok “The powers not delegated to the United States by the Constitution . . . are reserved to the States.” —The 10th Amendment to the U.S. Constitution

The concept of “states’ rights” has long been a rallying cry of American conservatives seeking to hold back progress ranging from civil rights to gun control and environmental regulation. Now, progressive scholars and activists describe what state governments can do to check an increasingly authoritarian federal government. At a time when there is widespread recognition of a need for ways to check the current presidential administration, the authors of these essays provide just that.

Contributors with expertise and practical experience on a wide range of topics explain in brief, accessible chapters the powers reserved to the states in areas such as election law, immigration enforcement, prosecuting federal officials, the state tax power, personal-data control, free speech, and more. They explain, for example, the “anti-commandeering rule” that allows states to resist federal overreach, and outline novel ways state law can be used to throw sand in the gears of illegal federal enforcement actions. They describe how doctrines created by conservatives to empower state governments can be used to stop repressive actions by the federal government.

In a book that will inspire and direct all manner of local initiatives, Fight Back offers the road map for meaningful resistance the country has been waiting for.